How do you file a claim for damages in criminal proceedings?

Quick Overview:
In criminal proceedings, the victim may request that the court, in its conviction, order the defendant to compensate for damages, non-pecuniary harm, or to return unjust enrichment. The motion must be filed no later than at the main hearing before the presentation of evidence begins; in the case of a plea agreement, no later than at the first hearing regarding such an agreement. The claim must be specific, quantified, and supported by evidence. If the court does not have sufficient grounds for a decision or if further evidence would significantly prolong the criminal proceedings, it will refer the victim to civil proceedings.

Ms. Kamila’s Case: When Damages Are More Than Just a Matter of Money

Kamila took her dog to a veterinary clinic for a procedure that was not supposed to be particularly serious. After the procedure, however, the dog’s condition rapidly deteriorated. She stopped eating and suffered from pain and fever. After two days, she had to be transferred to another clinic, where veterinarians diagnosed incipient sepsis, determined that major reoperation was necessary to remove necrotic tissue resulting from a ruptured intestine, and ordered hospitalization, a blood transfusion, and the administration of a range of medications.

The bills for the subsequent treatment amounted to approximately 60,000 CZK. For pet owners, however, such a situation is usually more than just a budget item. A dog or cat is often not viewed as a “thing,” but as a member of the household. The Civil Code reflects this: a living animal has special significance and value as a sentient being and is not a thing; provisions regarding things apply to it only by analogy, provided this does not conflict with its nature.

Furthermore, a special rule applies in the case of an animal’s injury. The party at fault must reimburse the reasonable costs incurred in caring for the injured animal’s health. These costs are not considered unreasonable merely because they substantially exceed the animal’s value, provided they would have been incurred by a reasonable owner in the position of the injured party.

In Ms. Kamila’s case, therefore, two questions needed to be addressed. First: who is liable for the resulting damage and how to prove it. Second: through which channel to pursue the claim — criminal proceedings, a pre-litigation demand, an insurance claim, a civil lawsuit, or, where applicable, administrative or professional disciplinary proceedings.

When Does It Make Sense to Seek Damages in Criminal Proceedings

Criminal proceedings are not a universal remedy for every type of damage. In order to assert a claim in criminal proceedings, there must be a criminal case underway, and the damage, non-pecuniary harm, or unjust enrichment must be causally linked to that specific criminal offense. Under the Criminal Procedure Code, an “injured party” is a person who has suffered bodily injury, property damage, or non-property harm as a result of a criminal offense, or a person at whose expense the perpetrator has been unjustly enriched through a criminal offense.

In the case of veterinary malpractice, this means that a poor treatment outcome alone does not automatically constitute a criminal offense. It may involve civil liability for damages, professional misconduct, an insurance claim, or a misdemeanor. Criminal proceedings come into consideration only if the responsible person’s conduct meets the elements of a specific criminal offense.

In practice, therefore, one cannot begin by asking, “How do I get money through criminal proceedings?” First , it is necessary to assess whether there is reasonable suspicion that a criminal offense has been committed. If so, compensation for damages can be addressed directly in criminal proceedings. If not, a pre-litigation demand, negotiations with an insurance company, or a civil lawsuit is usually more appropriate.

In Ms. Kamila’s case, we therefore had to point out that pursuing criminal charges may be psychologically important for the victim, as it aims to establish guilt. At the same time, however, it may not be the fastest or most certain way to obtain compensation. For damages caused by professional activities, it is often more practical to first obtain documentation and expert opinions, quantify the costs, and contact the responsible party or their insurance company.

What Is a Civil Claim in Criminal Proceedings

Adhesion proceedings are a part of criminal proceedings in which the court, in addition to determining guilt and imposing a sentence, also rules on the victim’s claim. Thus, the victim does not always have to file a separate civil lawsuit. Instead, the victim may “join” the criminal proceedings with their claim.

The Criminal Procedure Code allows the victim to request that the court, in its conviction, order the defendant to compensate the victim in money for the property damage or non-property harm caused by the criminal offense, or to surrender any unjust enrichment obtained through the criminal offense at the victim’s expense.

The advantage of an adhesion claim is clear: if the claim is well prepared and the court has sufficient evidence, the victim can obtain a ruling on compensation for damages already in the criminal judgment. They do not have to start another lawsuit from scratch.

However, there is also a significant disadvantage. The criminal court primarily deals with the issues of guilt and punishment. If proving the amount of damages or the causal link were complex and would substantially prolong the criminal proceedings, the court would refer the victim’s claim to civil proceedings.

In Ms. Kamila’s case, this could mean in practice that if the criminal court were required to conduct a complex review of veterinary records, professional standards, expert opinions, and the exact cause of sepsis, it might conclude that the claim for monetary compensation should be addressed separately in civil proceedings.

What Can Be Sought in Criminal Proceedings

Three main types of claims can be asserted in criminal proceedings:

Property damage. This typically includes bills, invoices, repairs, stolen items, medical expenses, the cost of an expert opinion, or lost income. In Ms. Kamila’s case, this would primarily include the costs of subsequent veterinary treatment, hospitalization, medications, blood transfusions, reoperation, and any other reasonably incurred expenses.

Non-property damage. This does not constitute a direct financial loss but rather an infringement of personal rights, pain, suffering, psychological consequences, or other serious impacts. In the case of humans, this includes, for example, compensation for pain and suffering, impairment of social functioning, or mental anguish. In cases involving animals, caution is required: the Civil Code allows for compensation for non-pecuniary damages under special circumstances of a tort, but its award depends on the specific circumstances.

Surrender of unjust enrichment. This applies when the perpetrator has obtained a financial benefit through a criminal offense at the expense of the victim. The Criminal Procedure Code expressly provides that the victim may also demand the surrender of unjust enrichment obtained through a criminal offense.

In your petition, you must clearly specify exactly what you are requesting. It is not sufficient to write “I want compensation” or “I am seeking compensation for everything.” The court must know whether you are seeking a specific amount as property damage, non-property damage, or the return of unjust enrichment. The amount must be supported by evidence.

Deadline for Filing a Claim

Timing is crucial. A claim for damages, non-pecuniary harm, or the return of unjust enrichment must be filed no later than the main hearing, before the presentation of evidence begins. If a plea agreement is being negotiated, the claim must be filed no later than the first hearing regarding such an agreement.

The Criminal Procedure Code also provides that if a summary judgment may be issued or a plea agreement may be negotiated, the criminal justice authorities must notify the victim that the claim must be filed in a timely manner—in the case of a summary judgment, no later than its issuance, and in the case of a plea agreement, no later than the first hearing regarding the agreement.

In practice, we recommend not waiting until the main trial. It is advisable to assert your claim when filing the criminal complaint or as soon as possible after you are listed as an injured party in the proceedings. In Ms. Kamila’s case, this would mean preparing a written submission detailing the costs of the reoperation and subsequent treatment, attaching invoices and veterinary documentation, and explaining why the costs are related to the actions of the suspect veterinarian.

If the injured party misses the deadline, the criminal court will not rule on the claim in the civil action attached to the criminal proceedings. The injured party must then pursue the claim through civil proceedings.

What the Petition Must Contain

A claim for damages in criminal proceedings does not need to be complex, but it must be specific. The court must be able to determine from it who is asserting the claim, against whom it is directed, what the claim is, the amount sought, and the grounds for the claim.

In particular, the claim should include:

• the identification of the victim,
• the case number, if known,
• a brief description of the facts,
• a statement that you are asserting a claim under Section 43(3) of the Criminal Procedure Code,
• the exact amount,
• a breakdown of the amounts by individual items,
• an explanation of the causal link between the criminal offense and the damage,
• a list of evidence,
• signature and date.

In Ms. Kamila’s case, the claim could include, for example, the costs of a second veterinary clinic, hospitalization, reoperation, medications, blood products, follow-up examinations, transportation to the clinic, and any other expenses, provided they are reasonable and verifiable.

A common mistake is to file a claim vaguely: “I am seeking compensation for the damages I have incurred.” That is not enough. The criminal court is not required to determine on its own exactly how much the victim is seeking or what the amount consists of.

What Evidence to Submit

Documentation is key when seeking compensation for damages. Even though criminal proceedings are conducted by the police, the prosecutor, and the court, the victim must personally provide specific evidence to support their claim for compensation. The Criminal Procedure Code requires that the claim clearly state the grounds for the claim and the amount sought.

In the case of veterinary malpractice, it would be advisable to submit, in particular:

• the invoice for the original procedure,
• complete veterinary records from the original clinic,
• documentation from the subsequent clinic,
• a report on the diagnosis, sepsis, reoperation, and hospitalization,
• receipts and invoices for medications, examinations, procedures, and hospitalization,
• photographs or records of the animal’s health condition, if available,
• correspondence with the veterinarian or clinic,
• an expert opinion from another veterinarian,
• an expert opinion, if the dispute is technically complex,
• documents regarding other related expenses.

In veterinary disputes, an expert assessment is often decisive. It is not enough that the animal’s condition worsened after the procedure. It must be proven that the harm resulted from improper procedure, negligence, or other unlawful conduct.

How the Court May Rule on the Claim

If the court convicts the defendant of a criminal offense that caused the victim property damage or non-property harm, or if the defendant unjustly enriched himself at the victim’s expense, the court will order the defendant to pay compensation in its judgment, provided that the claim was filed in a timely manner and the conditions for such compensation are met. The judgment must precisely identify the entitled person and the awarded claim; in justified cases, the court may also specify installment payments.

The court may:

1. award the claim in full,
2. award only a portion of the claim,
3. refer the injured party to civil proceedings for the entire claim,
4. refer the victim to civil proceedings for the remainder of the claim,
5. refer the victim to civil proceedings whenever the defendant is acquitted.

If, based on the results of the evidence presented, there is insufficient basis for a decision on the claim, or if further evidence would be required that would significantly prolong the criminal proceedings, the court will refer the injured party to civil proceedingsor other appropriate proceedings. The same applies to the remainder of the claim if the court awards only a portion of it.

In Ms. Kamila’s case, for example, the criminal court could recognize that part of the veterinary costs is directly related to the unlawful conduct and award that portion. However, if determining the exact cause of the sepsis and the extent of liability required extensive expert evidence, the court could refer her claim to civil proceedings.

When Criminal Proceedings Aren’t the Best Option

In cases similar to the one Ms. Kamila dealt with, there are often several possible approaches. Each has its own advantages.

Apre-litigation demand may be the fastest option. If the veterinarian or clinic knows that the misconduct is difficult to defend, they may be willing to negotiate a settlement. The demand letter should include a description of the incident, a quantification of the damages, evidence, a payment deadline, and a notice of the next steps.

Going throughthe insurance company may be practical if the veterinarian or clinic has liability insurance. The injured party may communicate with both the liable party and the insurance company, but should ensure that the claim is described in specific terms, supported by invoices and expert reports, and that the insurance investigation is not confused with criminal or civil proceedings.

A civil lawsuit is appropriate when it is necessary to provide detailed evidence of professional negligence, a causal link, and the exact amount of damages. A civil court focuses directly on compensation for damages, not on criminal liability.

Misdemeanor proceedings may be considered if the conduct does not constitute a criminal offense but may be a misdemeanor. An administrative authority may order the accused to compensate for the damages if they were caused by a misdemeanor, have not been voluntarily compensated, and the amount has been reliably determined; otherwise, it will refer the injured party to a court or another public authority.

In Ms. Kamila’s case, therefore, it would be reasonable to consider filing a criminal complaint only if there were specific facts indicating a criminal offense. However, to obtain compensation for damages, a pre-litigation demand and negotiations with the insurance company would often be more effective.

Can the injured party file an appeal?

Yes, but only to the extent permitted by the Criminal Procedure Code. An injured party who has asserted a claim for damages, non-pecuniary harm, or the return of unjust enrichment may challenge the judgment on the grounds that the ruling on that claim is incorrect. They may also object that such a ruling is missing if it should have been made.

However, the victim is not a second public prosecutor. The victim cannot seek a harsher sentence for the defendant simply because they are dissatisfied with the sentence. The victim’s right to appeal relates primarily to claims for compensation for damages, non-pecuniary harm, or the return of unjust enrichment.

If the court refers the victim to civil proceedings, this does not mean that the claim does not exist. It means that the criminal court will not rule on it as part of the criminal judgment, and the victim must pursue it through other channels.

The Most Common Mistakes Made by Victims

The first mistake is waiting. Although the victim has a statutory deadline extending until the main hearing before the presentation of evidence begins, in practice it is safer to assert the claim much earlier. In the case of a plea agreement or a summary judgment, proceeding later can be risky.

The second mistake is an vague claim. The court cannot award “some compensation.” It must know what amount is being sought and why.

The third mistake is a lack of evidence. Invoices, medical or veterinary reports, expert opinions, photographs, and communications with the perpetrator can determine whether the court grants the claim or refers the victim to civil proceedings.

The fourth mistake is relying on criminal proceedings as the only recourse. In cases of professional negligence, insurance claims, and harm to animals, it may be appropriate to pursue civil proceedings concurrently or subsequently.

Summary

Compensation for damages can be sought in criminal proceedings through a civil action joined to the criminal case. The injured party may claim compensation for property damage, non-property harm, or the return of unjust enrichment, provided the claim arose in causal connection with the criminal offense. The claim must be timely, specific, quantified, and supported by evidence.

Ms. Kamila’s case demonstrates that, in cases of harm caused to an animal, it is necessary to carefully distinguish between criminal, civil, insurance, and, where applicable, misdemeanor proceedings. In the case of an animal’s injury, one may claim reasonably incurred expenses related to its medical care, even if they exceed the animal’s usual market value, provided that a reasonable owner in the position of the injured party would have incurred such expenses.

Criminal proceedings may be appropriate if there is a genuine suspicion that a crime has been committed. If the primary goal is to recover costs, a pre-litigation demand, negotiations with an insurance company, or a civil lawsuit are often faster options.